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On June 13, 2021, a new version of the New York Statutory Short Form Power of Attorney went into effect. Any powers of attorney executed before this date that complied with the earlier 2010 law continue to be valid.
When authorization is required for the release of personal property, it is usually referred to as an estate tax waiver or a consent to transfer. New York State does not require waivers for estates of anyone who died on or after February 1, 2000. For details, See Publication 603, Estate Tax Waivers.
All powers of attorney must now be witnessed by two persons who are not named as either agents or as permissible recipients of gifts. It is done in the same manner as witnesses to a will. The statute cross-references N.Y. Estates, Powers and Trusts Law (EPTL) 3-2.1(a)(2), and the notary may be one of the witnesses.
Use Form ET-14, Estate Tax Power of Attorney, when you want to give one or more individuals the authority to obligate, bind, or appear on your behalf before the New York State Department of Taxation and Finance (the department) with respect to estate tax matters.
Sign and date your POA in the presence of two witnesses, and have it notarized. In New York, your notary can also serve as one of your witnesses. (Remember, if you're making a health care proxy, you only need witness signatures ? not a notary.) Have your chosen agent sign and date your POA.